(1.) This suspension of sentence application has been preferred on behalf of the applicant-appellant, who has been convicted and sentenced by the Special Judge, POCSO Act Cases and the Commissions for Protection of Child Rights Act, 2005 Cases, Bikaner (hereinafter to be referred as 'the trial court') in Sessions Case No.68/2018 (CIS No.54/2018) CNR No.RJBK150001222018 vide judgment dated 08.10.2021. The applicant-applicant has been sentenced as under :-
(2.) All the sentences were ordered to run concurrently.
(3.) Learned counsel for the applicant-appellant has submitted that the trial court has grossly erred in convicting and sentencing the accused applicant-appellant vide impugned judgment. It is argued that there is no material available on record to substantiate the fact that the accused applicant-appellant committed any crime with the deceased on the ground that she belonged to scheduled caste community and thus, the finding recorded by the trial court against the accused applicant- appellant for committing offence punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not tenable in the eye of law.